Implementation issues

AuthorMaja Kostić-Mandić
8.1 Dissemination of information, dialogue with NGOs and between social
a) Dissemination of information about legal protection against discrimination (Article 10,
Directive 2000/43 and Article 12, Directive 2000/78)
The Law on the Prohibition of Discrimination was established as an institutional framework
for protection from discrimination. However, in addition to judicial authorities, th e
institution of the Protector and other relevant institutions, the role o f civil society must be
emphasised regarding the dissemination of information about legal protection against
discrimination. The Federation of Employers disseminates a handbook and other
promotional materials on prevention of discrimination in the workplace through its network
of employers. The handbook includes the national anti-discrimination legal framework,
legally binding instruments, bylaws and guidelines for employers in order to prevent
discrimination and harassment in the workplace.
b) Measures to encourage dialogue with NGOs with a view to promoting the principle of
equal treatment (Article 12 Directive 2000/43 and Article 14 Directive 2000/78)
The Government cooperates with NGOs in the development of the policy framework on
equal opportunities, while joint commissi ons monitor their implementation. The
development of new anti-d iscrimination legislation has been accompanied by an ongoing
dialogue with NGOs. In addition, the Government provides some funding for NGO projects
promoting the principle of equal t reatment. Through its mandate, the Protector of Human
Rights and Freedoms also cooperates with organisations and institutions dealing with
human rights and freedoms (Article 21 of the Law on the Protector), including NGOs which
contribute to the fight against discrimination based on racial or ethnic origin and NGOs
combating discrimination based on religion or belief, disability, age or sexual orientation in
relation to employment and occupation. In 2019 , this cooperation included the provision
of support to t he Centre for the Development of Non-Governmental Organisations in its
application to a project at the European Union Delegation to Montenegro as part of the
European Instrument for Democracy and Human Rights (EIDHR) competition; and support
for an application by the Centre for Civic Education, als o for an EU-funded project in the
field of anti-discrimination and promotion; and providing two volunteer internships for
persons with disability with the institution of the Protector.
Despite the aforementioned cooperation with NGOs, on 25 February 2016 the Government
of Montenegro adopted a Decision on the suspension of the Decision on establishing a
Council on the Prohibition of Discrimination. The Government explained that the conditions
for the suspension of this b ody had been fulfilled because the legal f ramework providin g
for the smooth impl ementation of policies and activities in t he field of hu man rights and
protection against discrimination had been established.
c) Measures to promote dialogue between social partners to give effect to the principle
of equal treatment within workplace practices, codes of practice, wo rkforce
monitoring (Article 11 Directive 2000/43 and Article 13 Directive 2000/78 )
In Montenegro, trade unions promote social dialogue around the principle of equal
treatment within wo rkplace practices. The Confederation of Trade Unions of M ontenegro,
the umbr ella organisati on under Montenegrin law, comprises 1 200 trade unions spread
throughout the country and over 40 000 members (data from 2006).151 Another umbrella
organisation, the Federation of Free Trade Uni ons of Montenegro, with close to 24 000
members, was established in 2008. The political and societal weight of trade unions is
151 Simovic, V. (2009), Annual overview of employees’ rights and social dialogue in Central and Eastern Europe
and the Western Balkans, Report for Montenegro, Friedrich Ebert Stiftung, courtesy of the author.

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